Opinion
2003-07658.
Decided April 12, 2004.
In three related proceedings pursuant to Social Services Law § 384-b to terminate parental rights, the mother appeals from an order of the Family Court, Kings County (Freeman, J.), dated August 25, 2003, which denied her motion to vacate her default in appearing at the dispositional hearing at which her parental rights to the subject children were terminated and custody and guardianship were transferred to the petitioner for the purpose of adoption.
Carol Kahn, New York, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Victoria Scalzo of counsel), for respondent.
Monica Drinane, New York, N.Y. (Amy Hausknecht of counsel), Law Guardian for the children.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, NANCY E. SMITH, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The mother failed to establish either a reasonable excuse for her default in appearing at the dispositional hearing, or a meritorious defense to the proceedings. Contrary to the mother's contentions, the petitioner met its burden of establishing, by clear and convincing evidence, that she permanently neglected the subject children by failing to plan for their future despite its diligent efforts to encourage the parental relationship and to reunite them ( see Matter of Jamie M., 63 N.Y.2d 388, 393; Matter of Star Leslie W., 63 N.Y.2d 136, 142; Matter of Sheila G., 61 N.Y.2d 368; Matter of Angel Joseph S., 282 A.D.2d 752; Matter of Chimere C., 259 A.D.2d 615, 616; Matter of La'Quan De'Vota H., 259 A.D.2d 486, 487). Accordingly, the Family Court providently exercised its discretion in denying her motion to vacate her default ( see Matter of Iris R., 295 A.D.2d 521, 522; Matter of Angel Joseph S., supra).
The mother's remaining contentions either are not properly before this court or without merit.
ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.